FILED: NEW YORK COUNTY CLERK 10/02/2015 01:35 PM INDEX NO. 190284/2015 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/02/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X SYDNEY P. DEANE and NANCY A. DEANE, Index No.: 190284/2015 -against- Plaintiffs, Date Filed: Oct. 2, 2015 AERCO INTERNATIONAL, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALFA LAVAL, INC., ARMSTRONG INTERNATIONAL, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP, BORG-WARNER MORSE TEC LLC, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CONVAL, INC., individually, and as successor to LUNKENHEIMER VALVES, CROWN CORK & SEAL USA, INC., individually, and as successor in interest to MUNDET CORK CORPORATION, CUMMINS, INC., DURO DYNE CORPORATION, ELECTROLUX HOME PRODUCTS, INC., individually, and as successor to TAPPAN and COPES-VULCAN, ELLIOT TURBOMACHINERY CO., FAIRBANKS COMPANY (THE), individually, and as successor to FAIRBANKS VALVES, FLOWSERVE US, INC., solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, individually, and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY, FORT KENT HOLDINGS, INC., f/k/a DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., Plaintiffs Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants Place of Business AMENDED SUMMONS
GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC, GOULDS PUMPS, INC., GREENE TWEED & COMPANY, INC., GRINNELL LLC, HOBART BROTHERS COMPANY, HOFFMAN-NEW YORKER, INC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOPEMAN BROTHERS, INC., IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT, JOHN CRANE, INC., JR CLARKSON COMPANY (THE), successor by merger to KUNKLE INDUSTRIES, INC., KENNEDY VALVE MFG. CO. INC., LENNOX INDUSTRIES, INC., MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY, MULTEK FLEXIBLE CIRCUITS, INC., as the successor to SHELDAHL, INC., NASH ENGINEERING COMPANY (THE), OWENS-ILLINOIS, INC., PALMETTO, INC., a wholly-owned Subsidiary of GREENE TWEED & COMPANY, INC., PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), PENTAIR VALVES & CONTROLS LLC, f/k/a KEYSTONE VALVES AND CONTROLS, INC., RILEY POWER, INC., ROBERTSHAW CONTROLS COMPANY, individually, and as successor to FULTON SYLPHON COMPANY, SEPCO CORPORATION, SHELDAHL, INC., SPIRAX SARCO, INC., individually and as successor to SARCO COMPANY, TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING, TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., UNION CARBIDE CORPORATION, UNION PUMP COMPANY, VELAN VALVE CORPORATION, VIKING PUMP, INC., WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, YORK INTERNATIONAL CORPORATION, ZURN INDUSTRIES, INC., individually, and as successor to ERIE CITY IRON WORKS,
BLACKMER, CINCINNATI VALVE COMPANY, individually, and as successor to LUNKENHEIMER VALVES, EATON CORPORATION, as successor in interest to CUTLER-HAMMER, INC., GOULD ELECTRONICS, INC., HIGBEE, INC., individually, and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., INGERSOLL RAND COMPANY, individually, and as successor to TERRY STEAM TURBINE COMPANY, INC., ITT CORPORATION, individually, and as successor in interest to BELL & GOSSETT and HOFFMAN SPECIALTY, NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC, ROSS OPERATING VALVE COMPANY, d/b/a Ross Controls (MI Corp.), SCHNEIDER ELECTRIC USA, INC., formerly known as SQUARE D COMPANY, WALWORTH TWC, WHIRLPOOL CORPORATION, individually and as successor to ROPER HOME APPLIANCES, Defendants. -----------------------------------------------------------------------------X To the above named Defendant(s) You are hereby summoned to answer the amended verified complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, October 2, 2015 New York, New York Defendant's address: MEIROWITZ & WASSERBERG, LLP /S/ Daniel Wasserberg Daniel Wasserberg Attorney for Plaintiff Post Office Address: SEE ATTACHED DEFENDANTS RIDER 233 Broadway, Suite 950 New York, New York 10279 (212) 897-1988
DEFENDANTS' RIDER AERCO INTERNATIONAL, INC., 100 Oritani Drive Blauvelt, NY 10913 AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS 874 Oliver St. N. Tonawanda, NY 14120 ALFA LAVAL, INC., ARMSTRONG INTERNATIONAL, INC. 900 Maple Street Three Rivers, MI 49093 ATWOOD & MORRILL COMPANY 29 Old Right Road Ipswich, MA 01938 AURORA PUMP COMPANY 13320 Ballantyne Corporate Place Charlotte, NC 28277 AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS INC., c/o Richard M. Brown 333 W. Wacker Dr., Suite 1700 Chicago, IL 60606 BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP Marshall Dennehy Anna M. DiLonardo 888 Veterans Memorial Highway Hauppague, NY 11788 BORGWARNER MORSE TEC LLC CT Corporation 1209 Orange Street Wilmington, Delaware 19801 BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES; BYRON JACKSON PUMPS 5215 N. O'Conner Boulevard Suite 2300 Irving, TX 75039 CARRIER CORPORATION CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION Asbestos Litigation Support Manager ECKERT SEAMANS CHERIN & MELLOTT, LLC Case Management & Technology Center USX Towers 600 Grant Street Pittsburgh, PA 15219 CLEAVER BROOKS COMPANY, INC. 11950 West Park Place Milwaukee, WI 11270 CLYDE UNION, INC. 4600 T West Dickman Road Battle Creek, MI 49015 CONVAL INC, individually and as successor to LUNKHEIMER VALVES Frank A. Silver 265 Field Road Somers, CT 06071 CROWN CORK & SEAL USA, INC., individually, and as successor in interest to MUNDET CORK CORP. c/o Secretary of State One Commerce Plaza 99 Washington Albany, NY 12231 CUMMINS, INC. Corporation Service Company 2711 Centerville Road Wilmington, DE 19808 DURO DYNE CORPORATION 81 Spence St. Bayshore, NY 11706 ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan 20445 Emerald Parkway, Cleveland, OH 44135 ELLIOT TURBOMACHINERY CO. North 4 th St. Jeanette, PA 15644 FAIRBANKS COMPANY (THE), and as successor to FAIRBANKS VALVES (GA) 1201 Peachtree Street NE Atlanta, GA 30361 FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company c/o Corporate trust Systems 13th Floor FMC CORPORATION, individually, and as successor to CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY, and PEERLESS PUMP COMPANY 101 Federal Street Boston, MA 02110 FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC. Peter C. Langenus, Esq. Schnader Harrison Segal & Lewis LLP 140 Broadway, Suite 3100 New York, NY 10005 FOSTER WHEELER, L.L.C. Route 173 at Frontage Road Clinton, NJ 08809
FULTON BOILER WORKS, INC., 972 Centerville Road, Pulaski, NY 13142 GARDNER DENVER, INC. c/o 208South LaSalle Street Chicago, Illinois 60604 GENERAL ELECTRIC COMPANY Electric Insurance Company 75 Sam Fonzo Drive Beverly, MA 01915 GEORGIA PACIFIC LLC. s GOULDS PUMPS, INC. 2881 E. Bayard Street Seneca Falls, NY 13148 GREENE TWEED & COMPANY INC. 2075 Detwiler Rd. Kulpsville, PA 19443 or c/o Wilmington Trust SP Service Inc. 1105 N. Market St. Ste. 1300 Wilmington DE, 19801 GRINNELL LLC HOBART BROTHERS COMPANY New York, N.Y. 10011 HOFFMAN-NEW YORKER, INC. 46 Clinton Place Hackensack, NJ 07601 HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX 101 Columbia Road and Park Avenue Morristown, NJ 07962 HOPEMAN BROTHERS, INC., c/o Commonwealth Legal Services Corp. 4701 Cox Rd., Suite 301 Glen Allen, VA 23060-6802 IMO INDUSTRIES, INC. Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808 INGERSOLL-RAND COMPANY s ITT CORPORATION, Individually, and as successor to BELL & GOSSETT COMPANY CT CORPORATION JOHN CRANE, INC. CT CORPORATION KENNEDY VALVE MFG. CO. INC., 1021 East Water Street Elmira, NY 14901 THE JR CLARKSON COMPANY, successor by merger to KUNKLE INDUSTRIES, INC. 953 Old US Highway 70 W Black Mountain, NC 28711 LENNOX INDUSTRIES, INC. c/o Corporation Service Company 80 State Street Albany, NY 12207 MINNESOTA MINING & MANUFACTURING COMPANY, a/k/a 3M COMPANY The Corporation Trust Incorporated 351 West Camden Street Baltimore, Maryland 21201 MULTEK FLEXIBLE CIRCUTS, INC., as the successor to SHELDAHL, INC. 100 S 5th Street #1075 Minneapolis, MN 55402 NASH ENGINEERING COMPANY (THE), United States Corporation Company (CT) 50 Weston Street Hartford, CT 06120-1537 PALMETTO, INC. a wholly-owned Subsidiary of GREENE TWEED & COMPANY, INC. Denton Industrial Park 25 Engerman Ave. Denton, MD 21629 OWENS-ILLINOIS, INC. One Michael Owens Way Perrysburg, OH 43551 PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX) c/o Corporation Service Company 80 State Street Albany, NY 12207 PENTAIR VALVES & CONTROLS LLC f/k/a KEYSTONE VALVES AND CONTROLS, INC., c/o Corporation Service Company 80 State Street Albany, NY 12207 RILEY POWER, INC.
ROBERTSHAW CONTROLS COMPANY, individually, and as Successor to FULTON SYLPHON COMPANY 1602 Mustang Dr. Maryville, TN 37801 SEPCO CORPORATION c/o CT Corp. System 818 W. Seventh St. Los Angeles, CA 90017 SHELDAHL, INC 1150 Sheldahl Road Northfield, MN 55057 SPIRAX SARCO, INC., Individually and as successor to SARCO COMPANY 1150 Northpoint Blvd. Blythewood, SC 29016 TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., individually, and as successor to FARRIS ENGINEERING New York, NY TRANE U.S. INC., f/k/a AMERICAN STANDARD INC. 111 Eight Ave. UNION CARBIDE CORPORATION s New York, NY 10019 UNION PUMP COMPANY 4600 w. Dickman Road Battle Creek, MI 49017 VELAN VALVE CORPORATION 94 Avenue C Williston, VT 05495 VIKING PUMP, INC. 406 State Street Cedar Falls, IA 50613 WARREN PUMPS LLC, individually, and as successor to THE QUIMBY PUMP COMPANY, Corporation Service Company 2711 Centerville Road Wilmington, DE 19808 YORK INTERNATIONAL CORPORATION, c/o Corporate Trust Systems 111 8 th Avenue, 13 th Floor ZURN INDUSTRIES, INC. 1801 Pittsburgh Ave. Erie, PA 16510 BLACKMER 1809 Century Avenue SW Grand Rapids, MI 49503-1530 CINCINNATI VALVE COMPANY individually and as successor to LUNKENHEIMER VALVES P. O. Box 141451 Cincinnati, OH 45250 EATON CORPORATION, as successor in interest to CUTLER HAMMER, INC. 111 8 th Avenue GOULD ELECTRONICS, INC. CT Corporation 1300 E. 9 th Street Cleveland, OH 44114 HIGBEE, INC., individually and as successor to HIGBEE RUBBER CO. INC., and HIGBEE GASKETS AND SEALING PRODUCTS, INC., 6741 Thompson Road, Syracuse, NY 13211-2119 INGERSOLL RAND COMPANY, individually and as successor to TERRY STEAM TURBINE COMPANY, INC., The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 ITT CORPORATION Individually, and as successor to BELL & GOSSETT and HOFFMAN SPECIALTY CT CORPORATION NEWDELL COMPANY (THE), an ERIKS COMPANY, as successor to SMITH VALVE 13750 Hollister Road Houston, TX 77086 ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN-BRADLEY COMPANY, LLC. Secretary of State 99 Washington Ave. Albany, NY 12231 ROSS OPERATING VALVE COMPANY 1250 Stephenson Highway Troy Mi 48083 SCHNEIDER ELECTRIC USA, INC., f/k/a SQUARE D COMPANY 1415 South Roselle Road Palatine, IL 60067-7399 WALWORTH TWC The Valve Co. 13641 Dublin Court Stafford, TX 77477 WHIRLPOOL CORPORATION individually and as successor to ROPER HOME APPLICANCES 2000 North M-63 MD 2610 Benton Harbor, MI 49022